Canadian Criminal Law/Offences/Possession of a Restricted or Prohibited Firearm

Proof of Offence
Including the essential elements of time and date, jurisdiction and identity, the crown must prove:
 * 1) the object was a functioning firearm or could be made to function readily
 * 2) the firearm was loaded or could be readily loaded
 * 3) if loaded, that the accused knew, was wilfully blind (more than reckless) to the fact that the gun was loaded.

Interpretation
The mens rea is satisfied where the offender knew that he or she was in possession of a loaded firearm. This is a subjective standard and so can be proven by actual knowledge or wilful blindness, but not recklessness. Whether the firearm is prohibited or restricted does not matter and whether the accused knew it was prohibited or restricted is not a necessary element. So it is irrelevant whether the accused knew of the length and diameter of the barrel.

Handgun
To prove that a weapon is a handgun can be made by inference based on the surrounding evidence alone, without need for the actual weapon in evidence. Factors used to draw the inference include:
 * accused’s conduct in relation to the weapon
 * presence of any threats to shoot
 * how people react to the weapon
 * the description and use of the weapon
 * absence of evidence to the contrary

Loaded and Unloaded
Loaded is not defined in the Criminal Code.

Unloaded is defined in the regulations to the Firearms Act, SC 1995, c. 39:
 * “unloaded”, in respect of a firearm, means that any propellant, projectile or cartridge that can be discharged from the firearm is not contained in the breach or firing chamber of the firearm nor in the cartridge magazine attached to or inserted into the firearm.

This definition equally applies to s. 95.

Knowledge It must be proven that the accused knew that the gun was loaded and that the possession of the gun was unauthorized.

Knowledge that a gun was loaded can be inferred from the circumstances.

Knowledge that the possession was unauthorized can be proven by wilful blindness.

Any claim mistaken of mistaken belief of authorization must be "honestly held".